Violation of the period of stay abroad

The norms of the legislation governing the issue of crossing the state border are very dynamic. So they change and regularly become a reason for discussions under martial law. Indeed, a significant number of men got the opportunity to leave, having valid reasons for doing so. This is what distinguishes the current situation from the one at the beginning of the full-scale Russian invasion, when it was difficult to leave.

However, as already mentioned, the legislation on this topic is not static, it is constantly being changed and supplemented so that it truly reflects the current situation. The team of the law firm "Prikhodko&Partners" carefully monitors these legislative innovations in order to always keep a finger on the pulse of news that affects the lives of our clients.

What legislative changes are being prepared?

As of June 2023, the relevant parliamentary committee is working on 2 bills that will regulate movement across the state border when they come into force. Since March, they have become the reason for numerous discussions, as they contain provisions that are relevant for many people. These are bills № 9075 and 9074, which are designed to more effectively regulate the issue of the departure of athletes, students and some other categories of citizens who are not subject to mobilization.

If we talk about draft law 9075, then its purpose is to regulate the free departure from Ukraine of men who are students of foreign universities. It is also about those who are not subject to mobilization. However, such departure still needs to be agreed with the Military Committee. At the same time, the man himself, who is not subject to mobilization, must officially undertake that he will return to Ukraine no later than the end of the period during which he is not subject to mobilization. Or - no later than 30 days after departure.

As for draft law 9074, it is aimed at ensuring quality legal regulation of travel abroad by athletes who want to participate in sports events and competitions. It will also apply to coaches, doctors and team representatives. It will be necessary to send a confirmation letter from the central body of the executive power or the relevant federation from the type of sport the athlete is engaged in, regarding the trip to a sports event of international importance.

The mentioned normative legal acts are also aimed at regulating the issue of responsibility for violation of the period of stay abroad. Exemption from the penalty will be possible on the condition that for each additional day abroad such people will pay an amount equivalent to the subsistence minimum.

What is the situation today?

As of today, the issue of leaving in such cases is better regulated than at the beginning of a full-scale war, but it lacks specifics, as a result of which people often become hostages of the bureaucratic and human factor. At the same time, the use of the "Shlyah" system enables drivers, forwarder drivers, and volunteers to travel. But there are still many legal gaps, which is the reason for the development of projects of such regulatory and legal acts as was mentioned. Our experts are closely following the fate of these bills. And no matter what the state of affairs is today, we are ready:

• to provide high-quality advice on the legal norms currently in force;
• provide legal support and representation of your interests in interaction with the state authorities on which the issue of departure depends.

Despite the fact that now the responsibility for violation of the period of stay abroad is somewhat blurred, legislators are trying to normalize it. So we keep our finger on the pulse of this process.